Un asistente legal o un secretario judicial es un individuo, generalmente un abogado, que brinda asistencia directa y asesoría a un juez para tomar determinaciones legales y escribir opiniones mediante la investigación de problemas ante el tribunal . Los secretarios judiciales suelen desempeñar un papel importante en la formación de la jurisprudencia mediante su influencia en las decisiones de los jueces. [1] [2] Los secretarios judiciales no deben confundirse con los secretarios legales (también llamados "secretarios legales" en Canadá), secretarios judicialeso diputados de sala de audiencias que solo brindan apoyo administrativo y de secretaría a abogados y / o jueces.
Los secretarios judiciales son generalmente graduados recientes de la facultad de derecho que se desempeñaron en o cerca de los mejores de su clase. Trabajar como secretario judicial se considera uno de los puestos más prestigiosos en los círculos legales y tiende a abrir amplias oportunidades en la academia , la práctica de bufetes de abogados y el trabajo gubernamental influyente. [3] En algunos países, los secretarios judiciales se conocen como asociados judiciales o asistentes judiciales.
En muchas naciones, los deberes administrativos son realizados por abogados permanentes o jueces con apariencia de aprendices jóvenes, como los que se sientan en el Conseil d'État de Francia . En los tribunales ingleses , se les conoce como asistentes judiciales. El Tribunal Europeo de Justicia utiliza abogados permanentes ( référendaires ) y stagiaires (jóvenes licenciados en derecho). Australia, Canadá, Suecia y Brasil tienen notables sistemas administrativos.
Australia
- Consulte al asociado de Judge y a Tipstaff .
Canadá
La mayoría de los tribunales canadienses aceptan solicitudes de pasantías judiciales de estudiantes de derecho graduados o abogados con experiencia que ya han sido convocados al Colegio de Abogados en Canadá o en el extranjero (generalmente en los Estados Unidos o el Reino Unido ). La mayoría de los tribunales superiores y de apelación provinciales contratan al menos un secretario para cada juez. Por lo general, los estudiantes en sus últimos dos años de la facultad de derecho son elegibles para postularse para estos puestos, pero cada vez más, los abogados en ejercicio con experiencia también son considerados para estos puestos. El término generalmente dura un año y generalmente cumple con el requisito de articulación de las sociedades de abogados provinciales, que califica a una persona para convertirse en abogado en ejercicio en una jurisdicción canadiense.
La pasantía más prestigiosa disponible es la del tribunal más alto del país, la Corte Suprema de Canadá , seguida de las Cortes de Apelaciones federales y provinciales. Cada juez de la Corte Suprema contrata a cuatro secretarios por un período de un año. [4] El Tribunal Federal de Apelaciones, que tiene su sede en Ottawa pero atiende casos en todo el país, selecciona a 15 asistentes legales cada año, o uno por juez. La Corte Federal también contrata a un solo secretario por juez, o alrededor de 30 por año en total. [5] El Tribunal de Apelación de Ontario selecciona a 17 secretarios legales, que sirven a uno o dos de los 24 jueces. [6] La Corte de Apelaciones de Quebec generalmente contrata un número similar de secretarios legales tanto para Montreal como para la ciudad de Quebec, pero es inusual entre los tribunales canadienses tener un programa formal de pasantía para estudiantes de derecho además de licenciados en derecho. El Tribunal de Apelación de Saskatchewan contrata a 3 secretarios, cada uno de los cuales está asignado a 2 o 3 jueces. [7] El Tribunal de Apelación de New Brunswick contrata a dos licenciados en derecho, que se desempeñan como asistentes jurídicos que trabajan bajo la supervisión directa del Presidente del Tribunal Supremo de New Brunswick. [8] Los candidatos exitosos para todas las pasantías generalmente se seleccionan en base a un expediente académico distinguido, recomendaciones académicas, fuertes habilidades de investigación y redacción y entrevistas con jueces. Tanto para la Corte Suprema de Canadá como para la Corte de Apelaciones de Quebec , se prefiere poder trabajar tanto en inglés como en francés. [9]
El Tribunal Fiscal de Canadá contrata anualmente a 12 empleados. [10]
Muchos secretarios legales se han convertido en líderes de la profesión. Por ejemplo, el Excmo. El Sr. Juez Jean Cote de la Corte de Apelaciones de Alberta fue uno de los primeros secretarios legales de la Corte Suprema, sirviendo como secretario en el año inaugural del programa (1967). Del mismo modo, el Excmo. La magistrada Louise Arbour , anteriormente miembro de la Corte Suprema de Canadá, el Tribunal Penal Internacional para Ruanda y el Tribunal Penal Internacional para la ex Yugoslavia y ex Alta Comisionada de las Naciones Unidas para los Derechos Humanos , también se desempeñó como asistente legal en los primeros años del programa. . Mientras tanto, el Excmo. Señora Juez Andromache Karakatsanis de la Corte Suprema de Canadá y la Excma. La señora Juez Kathryn N. Feldman del Tribunal de Apelaciones de Ontario fueron anteriormente secretarias legales en el Tribunal de Apelaciones de Ontario.
Inglaterra y Gales
En Inglaterra y Gales , los asistentes legales se denominan asistentes judiciales. [11] Es posible ser asistente judicial en el Tribunal de Apelación y en el Tribunal Supremo del Reino Unido (anteriormente el Comité de Apelación de la Cámara de los Lores ). [12] Solo los asistentes judiciales del Tribunal Supremo son nombrados para un nombramiento de tiempo completo por un período fijo de un año. [13] Desde 2006 han participado en un intercambio de una semana en Washington DC en la Corte Suprema de los Estados Unidos establecida por el difunto juez Antonin Scalia y Lord Rodger de Earlsferry . [14]
Corte de justicia europea
Sally Kenney's article on clerks, or référendaires, on the European Court of Justice (ECJ) provides one detailed point of comparison (2000). There are some major differences between ECJ clerks and their American counterparts, largely because of the way the ECJ is structured.[15] One key difference is that ECJ clerks, while hired by individual judges, serve long tenures as opposed to the one-year-clerkship norm at the U.S. Supreme Court. This gives ECJ clerks considerable expertise and power. Because ECJ judges serve six-year renewable terms and do not issue individual opinions, the most important role of ECJ clerks is to facilitate uniformity and continuity across chambers, member-states, and over time.
Furthermore, this role is heightened because the European Union is composed of very different nations with disparate legal systems. Kenney found that ECJ clerks provide legal and linguistic expertise (all opinions are issued in French), ease the workload of their members, participate in oral and written interactions between chambers, and provide continuity as members rapidly change. While Kenney concludes that they have more power than their counterparts on the U.S. Supreme Court, ECJ clerks act as agents for their principals—judges—and are not the puppeteers that critics claim.
The ECJ also admits a limited number of selected law graduates as Stagiaires. Their duties are more similar to those of the law clerks of the U.S. Supreme Court.
Francia
In France law clerks are called assistants de justice. They typically go through a competitive nomination and interview process to get accepted as law clerks. Most French courts accept applications for judicial clerkships from graduating law students. Students in their last year of law school are eligible to apply, although most law clerks are Ph.D. candidates in Law or candidates for the bar exam or a French civil service competitive entrance exam such as French National School for the Judiciary, French National School of Public Finances, or French National School of Court Clerks.
In the judicial order
Law clerks (assistants de justice) are hired for two years renewable twice.[16] Depending on credentials and curriculum they can be assigned to the bench (magistrat du siège) or the prosecution (parquet or parquet général).
The work of a law clerk entails assisting the judges with writing verdicts and decisions and conducting legal inquiries and research.
The most prestigious clerkships available in France are before courts of appeals, which review decisions of lower courts.
In the administrative order
A similar system exists in the administrative courts,[17] including the Conseil d'Etat.
Alemania
In Germany, there are two different kinds of law clerks.
Students of law who, after law school, have passed the first of two required examinations join the Referendariat, a time of two years consisting of a series of clerkships: for a civil law judge, a criminal law judge or a prosecutor, a government office and finally at a law firm. This clerkship is not to be confused with an internship since it is a paid position that is regulated by law. However, the purpose of this clerkship is solely the legal education of the clerk (Referendar) and not giving assistance to his instructor.[18] Therefore, a Referendar can not be seen as law clerk in its true sense.
In the Federal Supreme Courts (see Judiciary of Germany) and the office of the Federal Prosecutor General, the duties of law clerks are performed by wissenschaftliche Mitarbeiter (German for "scientific assistant"). With few exceptions, they are lower court judges or civil servants, assigned for a period of three years to the respective Federal Court, and their clerkships serve as a qualification for a higher judgeship. However, some justices of the Federal Constitutional Court (who have the right to select their wissenschaftliche Mitarbeiter personally) prefer clerks from outside the courts or the civil service, especially those who are or were professors of law and who often hire people from academia (sometimes even young law professors). The clerks of the Federal Constitutional Court are deemed very influential and are therefore dubbed the (unofficial) Dritter Senat ("Third Senate") as opposed to the two official "senates" of 8 justices each which form the court.
India
In India law graduates from the National Law University go through a competitive nomination and interview process to get accepted as law clerks. The Supreme Court of India and several High Courts of India offer paid law clerkships that are considered very prestigious. These clerkships usually last for one year (session commencing from July to Mid of May) and may be extended at the discretion of individual judges.
The Registry of the Supreme Court of India invites applications in January each year for 'law clerk-cum research assistant' positions from the Colleges and Universities empanelled with the Registry. The Universities nominate/recommend their students to the Registry which screens the applications and shortlists candidates. The shortlisted candidates are interviewed by an esteemed panel of sitting Supreme Court Justices in the first week of June. The final merit list is prepared and the selected candidates are offered positions to work under the sitting judges of the Supreme Court starting from the month of July. The eligible candidates receive offers throughout the year as and when the vacancies are created in the Chambers of Justices. Usually, two law clerks are assigned to each judge for one year, though some justices are known to sometimes engage either one or more than two law clerks at a time. Though most of the law clerks usually begin their one-year service period in July each year, soon after the completion of the LL.B. degree, though there have been instances of law clerks serving after having accumulated some work experience.
The work profile of the law clerks vary as per the judges who they work under. Generally it involves preparing summary opinions and briefs for the Special Leave Petitions listed for the Miscellaneous Days (i.e., Monday and Friday). On the Non-Miscellaneous Days it involves attending Court proceedings and preparing notes for the arguments advanced by the counsels on matters listed. They also assist the judges in drafting of the judgments and orders by supplementing it with research and case analysis.
In 2014, the Supreme Court increased the monthly stipend of law clerks / research assistants from Rs 25,000 to Rs 30,000, with a hike to Rs 32,000 for clerks who stay for longer than a year.[19] For the 2012-13 session each law clerk at the Supreme Court was paid a stipend of Rs 25,000 per month, which may be increased further in the next year. Till 2009–2010 each law clerk at the Supreme Court of India was being paid Rs. 20,000 per month.[20]
In addition to this, students from law colleges all over the country are given the opportunity to act as 'legal trainees' under Supreme Court judges during their vacation periods. The institution of law clerks is still a recent development in the context of the Indian judiciary. Anecdotal references indicate that some justices are hesitant to rely on 'law clerks' on account of concerns with confidentiality, especially in politically sensitive disputes. However, their services are heavily relied on to go through the written submissions in order to prepare for the preliminary hearings that are held to decide whether a case should be admitted for a regular hearing on merits. In recent years, the contributions of law clerks to research for judicial opinions has become increasingly evident on account of increasing references to foreign precedents and academic writings.
Irlanda
In Ireland Judicial Assistants provide support to the judiciary comparable to that provided to judges of the Federal Courts of the United States, the Courts of Australia, the European Courts in Luxembourg and Strasbourg and the Supreme Court of the United Kingdom. They are typically recent law graduates, and were introduced on a gradual basis to phase out the traditional Usher/Crier or "tipstaff" position (a process that is almost complete), while simultaneously providing research assistance to the judge to whom they are assigned. Judges of all jurisdictions have Judicial Assistants, with the exception of ordinary judges of the District Court. Judicial Assistants are typically recruited on a three-year contract and take up the role for this or a shorter period of time, generally before entering/returning to practice or academia.
México
In Mexico, duties conferred to law clerks in some common law countries are charged in a person called "Secretario de Acuerdos" or "Secretario Proyectista", for lower courts and, "Secretario de Estudio y Cuenta" for higher court: "Suprema Corte de Justicia de la Nación". Secretario de Acuerdo's main activities are: conduct the public hearings, writing verdicts, order to execute sentences, and providing general assistance to Judges, while Secretario Proyectista's activities are to draft sentences.[21]
Los países bajos
Law clerks of the Supreme Court of the Netherlands are independent researchers. Applicants are recruited from the top law firms and universities. For most, it is a highly prestigious second job. Law clerks typically work at the Supreme Court for six years.
Nueva Zelanda
Law clerks are referred to as judge's clerks in all four levels of the New Zealand court system. It is a fixed term position of 2 years.
In the High Court, clerks are assigned to two or three judges (including Associate Judges). In the Court of Appeal of New Zealand and the Supreme Court of New Zealand, each judge has their own clerk.[22] The Chief Justice is the exception and has two clerks. Judges clerkships are highly sought after and competition is extremely competitive; judges' clerks often have class ranks that put them at, or near, the top of their graduating class.
Pakistán
The Supreme Court of Pakistan has an extensive and competitive program for the appointment of the Law Clerks/Research Associates. Applications are invited from all over Pakistan calling on fresh law graduates, Advocates and Barristers to submit their CVs, transcripts/degrees, three letters of recommendations and a legal writing sample. Applicants thereafter are shortlisted purely on merit and interviewed eventually by the scrutiny committee, consisting of senior judges and law clerks of the Court, before final appointment. In recent years, all law clerks appointed have been licensed advocates placed at the top of their class with excellent research credentials. Law clerks sit in court during hearings. In chambers, he or she assists the judge in making determinations of law, conducting research, critically proof-reading the court orders and preparing briefs etc. Law clerks serve as paid staff of the court for an extendable one-year term. The Supreme Court has 17 law clerks for the year 2017-2018.
In the Lahore High Court, many civil judges with master's degrees (mostly LLM) and post-graduate research experience are appointed as research associates equivalent to law clerks to the judges of the court. They function through the Research Centre of the Lahore High Court and assist all the judges in the various registry benches of the Lahore High Court.[23]
Filipinas
In the Supreme Court of the Philippines and the Philippine Court of Appeals, recent law graduates and young lawyers can apply for a position as a "Court Attorney" to a Justice. This position basically corresponds to what is called a "law clerk" at the Supreme Court of the United States. Each of the 15 Supreme Court justices has 5 to 10 court attorneys at any given time. Court attorneys at the Supreme Court of the Philippines are co-terminus with their justices. Some stay for one year or less, others stay for as long as their respective justice serves the Court. Previous court attorneys have become notable Justices themselves e.g. Justice Vicente V. Mendoza, Justice Antonio Abad etc. or have gone to hold important positions in the court such as Court Administrators or Deputy Court Administrators. Many of them have gone on to successful legal practice, in business, or in the academe. The position is an extremely difficult one to get accepted to because aside from the competence requirement, there is also the character requirement that differ from one Justice to another. The position is basically a confidential one and the lawyer must enjoy the Justice's trust. Each justice has his or her own method for interviewing and appointing court attorneys.
Polonia
Polish law clerks are called "asystenci sędziów", which can be directly translated as "judges' assistants" or "judicial assistants".[24]
Generally their status is regulated by the Law on the System of Common Courts of Jul. 27, 2001,[25][26] but there are also assistants in the administrative courts, the Supreme Court of Poland, and the Constitutional Tribunal, where special regulations may apply. They are recruited in a competitive process with three phases: the application itself, a test of legal knowledge, and an interview. Only law graduates who are Polish citizens of good character and are above 24 years old can apply for a post in common courts. Similar requirements pertain to the administrative courts, except there is no express provision on age.[27][28]
Many of the assistants with professional experience are eligible for admission to practice law. They are not to be confused with court clerks (Polish: "urzędnicy sądowi"), due to the fact that the latter do not have legal qualifications and exercise only administrative tasks, whereas assistants draft legal decisions or opinions, and conduct legal research. Judicial assistants also differ from "judicial clerks"[29] or "court referendaries"[30] (Polish: "referendarze sądowi") in that they possess no judicial powers, and cannot make binding legal decisions on their own. Law clerks in Poland have their own organisation called National Society of Judicial Assistants (Ogólnopolskie Stowarzyszenie Asystentów Sędziów).[31]
Opinions
There are varying opinions on the influence of assistants on the Polish judiciary. Some scholars criticize the profession, because - in their view - judges themselves should write their own opinions, as it would positively affect the quality and length of these documents.[32] However, prominent judges state that "a good assistant is a treasure to have" (justice Krystian Markiewicz), while others complain that they do not need assistants who "make no unaided decisions whatsoever" (justice Barbara Piwnik, ex-Minister of Justice).[33] Contrary to many Western legal systems, the profession of a judicial assistant in Poland is sometimes described as "poorly paid" and "unattractive".[34]
Remuneration
Basic salary in common courts is set by a regulation of the Minister of Justice and since June 2016 amounts from 3000 PLN to 4200 PLN per month (ca. €695 to €975 gross).[28][35] In the case of administrative courts, the salary of assistants is regulated by the President of the Republic of Poland,[36] and ranges from 1600 PLN even up to 5200 PLN, depending on whether we are dealing with a senior assistant or not. The remuneration rules at the Supreme Court of Poland and the Constitutional Tribunal are provided by respective internal regulations.
Singapur
Since 1991,[37] law graduates from the National University of Singapore, Singapore Management University, and reputable foreign universities, only those obtaining first class honours or equivalent,[38] are invited to join the Supreme Court as Justices' Law Clerks. The Supreme Court comprises the High Court and the Court of Appeal, which is the final court of appeal in Singapore. Upon accepting appointment, Justices' Law Clerks are appointed for a term of one and a half years, with a possible 6-month extension. During their term, the law clerks are given the opportunity to work with both the judges of the High Court as well as the Judges of the Appeal and the Chief Justice. After their term, the law clerks have the option of joining the permanent establishment of the Singapore Legal Service. If they take up this option, they will be posted to other branches of the Singapore Legal Service, for example as Deputy Public Prosecutors at the Attorney's General Chambers or as Assistant Registrars in the Supreme Court Registry. Many Justices' Law Clerks choose to join private firms after their stint (and several have recently achieved the title of Senior Counsel), while others have chosen a path in academia.
Suecia
After successfully obtaining the Swedish law degree called Candidate of Law one can apply for a position as a law clerk ("notarie" in Swedish) either in the Administrative Courts (förvaltningsrätt)[2] or in the General Courts (tingsrätt).[3] Applicants are rated according to their accumulated points, which are calculated mainly by grades. Higher grades giving higher scores and the one with the highest score applying to any given spot is accepted. One applies to the Swedish Court Agency (Domstolsverket) about six times a year, which calculates the scores and apportions the applicants. The Courts in the bigger cities naturally tends to be most popular, thereby needing the highest scores even if they also have most law clerk positions.
The ratio is about one law clerk per judge, and the clerk switch judge after a time, usually three months. The rationale being that working for different judges broadens the scope of learning.
The term as law clerk is two years, after which the law clerk may opt to apply to the Court of Appeals in the Administrative system or the General system ("kammarrätt" or "hovrätt") and continue on the path that traditionally leads to Judge, or leave the Court system for another career. Having completed the two years is considered qualifying and may open up career opportunities otherwise closed.
The work as a law clerk mainly entails assisting the judges with writing verdicts and decisions, keeping the records during trials and conducting legal inquiries. After about six months the law clerk is trusted with deciding simpler non-disputed issues by himself (such as registering prenuptials or granting adoptions). After about a year the law clerk is entrusted with judging simpler criminal and civil law cases by himself (in General Courts), such as petty theft or a civil case involving low sums of money.
Estados Unidos
Among the most prestigious clerkships are those with the United States Supreme Court, the United States courts of appeals, United States district courts, specialized courts such as the United States Tax Court and the United States Bankruptcy Courts, the New York State Commercial Division, Delaware Court of Chancery, and state supreme courts. Some U.S. district courts provide particularly useful experience for law clerks pursuing specific fields. The Southern District of New York deals with a heightened volume of high-profile commercial litigation, the Eastern District of Texas handles the most patent cases in the nation, the Northern District of California leads the country in antitrust suits, and the District of Columbia hears many high-profile disputes involving the federal government. Similarly, the United States Tax Court specializes in adjudicating disputes over federal income tax, the United States Bankruptcy Courts specialize and often influence issues arising under the United States Bankruptcy Code, the New York State Commercial Division adjudicates high-profile commercial matters in an expedited fashion, and the Delaware Court of Chancery hears a substantial volume of corporate and shareholder derivative actions.
Qualifications
Most law clerks are recent law school graduates who performed at or near the top of their class. Federal judges, especially those at the appellate level, often require that applicants for law clerk positions have experience with law review or moot court in law school. As such, the law clerk application process is highly competitive, with most federal judges receiving hundreds of applications for only one or two open positions in any given year.
Federal appellate judges tend to recruit primarily from the most prestigious and highly-ranked law schools in the United States. Justice Clarence Thomas is the major exception to the rule; he takes pride in selecting clerks from non-top-tier schools, and publicly noted that his clerks have been attacked on the Internet as "third tier trash."[39]
Judicial clerkships with federal or state appellate judges tend to be more competitive than those with state-level trial court judges.[40] However, because there are many more law graduates with high academic credentials than there are clerkship positions available at any level, competition for judicial clerkships is always intense.
Because of the selection criteria, many notable legal figures, professors, and judges were initially law clerks. Many Supreme Court justices previously clerked for other Supreme Court justices:
- Byron White clerked for Fred M. Vinson
- John Paul Stevens clerked for Wiley Blount Rutledge
- Stephen Breyer clerked for Arthur Goldberg
- William Rehnquist clerked for Robert H. Jackson
- John Roberts clerked for William Rehnquist
- Elena Kagan clerked for Thurgood Marshall
- Neil Gorsuch clerked for Byron White and Anthony Kennedy
- Brett Kavanaugh clerked for Anthony Kennedy
- Amy Coney Barrett clerked for Antonin Scalia
In 1960, Supreme Court Justice Felix Frankfurter rejected Ruth Bader Ginsburg for a clerkship position due to her gender. She was rejected despite a strong recommendation from Albert Martin Sacks, who was a professor and later dean of Harvard Law School.[41][42] Many of the justices have also clerked in the court of appeals. Justice Samuel Alito, for instance, clerked for the United States Court of Appeals for the Third Circuit.
Some judges seek to hire law clerks who not only have excelled academically but also share the judge's ideological orientation. However, this occurs mostly at the level of some state supreme courts and the United States Supreme Court. Law clerks can have a great deal of influence on the judges with whom they work.
Upon completing a judicial clerkship, a law clerk often becomes very marketable to elite law firms. However, some law clerks decide they enjoy the position so much they continue to serve the judge as a law clerk in a permanent capacity.
Federal clerkships
A clerkship with a federal judge is one of the most highly sought positions in the legal field. Some federal judges receive thousands of applications for a single position, and even the least sought-after federal clerkships will likely be applied to by at least one thousand candidates. Successful candidates tend to be very high in their class, with most being members of their law school's law review or other journal or moot court team. Such clerkships are generally seen as more prestigious than those with state judges.
Almost all federal judges have at least one law clerk; many have two or more. Associate Justices of the U.S. Supreme Court are allowed four clerks. Although the Chief Justice is allowed to hire five clerks, Chief Justice Rehnquist hired only three per year, and Chief Justice Roberts usually hires only four. Generally, law clerks serve a term of one to two years; however, some federal judges hire a permanent law clerk. Such judges usually have one permanent law clerk and one or two law clerks who serve on a term basis.
The most prestigious clerkship is one with a U.S. Supreme Court Justice; there are only 37 of these positions available every year. However, in recent times securing a federal court of appeals clerkship with a federal judge has been a prerequisite to clerking on the Supreme Court. Therefore, the second most prestigious place to clerk is at one of the U.S. courts of appeals. Further, clerkships with certain appellate judges, such as J. Michael Luttig, who have sent many clerks on to the Supreme Court, often called "feeder judges" are especially difficult to obtain.[43] Luttig, before his retirement, was the leading "feeder" judge on the U.S. Court of Appeals, with virtually all of his law clerks having gone on to clerk with conservative justices on the Supreme Court,[44] a total of 40 with 33 clerking for either Justice Thomas or Justice Scalia. This reflects the increasing polarization of the court with both liberal and conservative judges hiring clerks who reflect their ideological orientation.[45]
Generally, the next most sought after federal clerkship is one with a United States district court judge. Some U.S. district courts are more sought after than others due to the district's popular location. There are also federal clerkships with other federal judges such as U.S. magistrate judges; U.S. Tax Court judges, senior judges, and special trial judges; Bankruptcy Appellate Panel judges; and U.S. bankruptcy judges.
Former federal law clerks are often highly sought after by large law firms. Firms believe that such individuals have excellent legal research and writing skills, and a strong command of the Federal Rules of Civil Procedure and Federal Rules of Criminal Procedure. Firms are even more interested in a former law clerk if the firm generally appears before the clerk's former judge. The interest in former law clerks is seen by the fact that most large firms have a special hiring process for former clerks, and often pay such individuals large signing bonuses.[46][47]
Generally, interested candidates apply for federal clerkships roughly a year before the clerkship begins. Thus, many law students tend to apply early in the fall of their third year. The federal clerkship application process has also largely been streamlined by the National Federal Judges Law Clerk Hiring Plan and the OSCAR system, an online database in which federal judges post upcoming vacancies (although not all federal judges use this system). The National Federal Judges Law Clerk Hiring Plan sets dates for when federal judges may receive applications, and when they may contact, interview, and hire law clerks. Generally, judges begin looking at applications in the early fall, with contact and interviews happening a few weeks later.[48] These dates only apply to the hiring of matriculating third-year law students; practicing attorneys may apply earlier. Moreover, while many judges adhere to the National Federal Judges Law Clerk Hiring Plan's schedule, many do not follow the plan and interview and hire law students over the summer. The Supreme Court does not follow this timetable.
As a result of the extreme competition—both by the judges to get the best candidates and by candidates to get the best clerkships—the pace of the hiring is extremely quick. It is not unknown for federal judges to offer a candidate a clerkship at the conclusion of a first interview, and require that the candidate provide an immediate answer. Such job offers have come to be known as "exploding offers."[49][50] Some have likened the process to land runs or feeding frenzies.[51] While a few federal clerkships become available after September, most federal judges complete their hiring before the end of October.
Judicial law fellows, pro bono attorneys (or clerks or counsel) and volunteer clerks, perform substantially the same tasks as normal judicial law clerks do, but for no pay, reduced pay or a stipend.
The Administrative Law Judges of some federal agencies - such as the U.S. International Trade Commission, the Federal Trade Commission, the United States Patent and Trademark Office, the Federal Communications Commission, the Social Security Administration, the Department of Justice, the Securities and Exchange Commission, the Veterans Administration, the Department of Transportation, the Environmental Protection Agency, the U.S. Department of Health and Human Services and the U.S. Department of Housing and Urban Development - may hire Attorney Advisors that perform judicial law clerk duties for them, such as researching the most current case law, writing and editing opinions and orders and assisting the Administrative Law Judges with trial-like adjudications, hearings and other similar procedures.[52]
Some scholars and practitioners have questioned the lack of a federal congressional clerkship program. One study found that few top law school graduates have or will take seriously the process of being a legislative aide to gain practical skills after graduation.[53] Instead, recent law school graduates opt for judicial clerkships leaving few in the legal field with practical legislative experience.
State clerkships
Judicial clerkships in state appellate courts are similar to those in federal appellate courts, but are primarily focused on state law rather than on federal law issues.[54] Some state courts also use the title "staff attorney" for career clerks and clerks that support all judges.[55] For law students who wish to practice in a specific state or geographic region after clerking, state appellate-level or trial court clerkships can often be more valuable than federal clerkships in terms of getting to know the judges, lawyers, and firms in that area, as well as in terms of seeing trial lawyers at work.[56]
History
Although Justice Horace Gray was the first federal judge (and hence the first Supreme Court justice) to hire law clerks in 1882,[57][58] according to historian James Chace, Oliver Wendell Holmes, Jr. and Louis Brandeis were the first Supreme Court justices to use recent law school graduates as clerks, rather than hiring a "stenographer-secretary."[59]
Exceptions
The Supreme Court of California and the various districts of the California Court of Appeal have generally avoided using law clerks since the late 1980s.[60]
Instead, California has largely switched to using permanent staff attorneys at all levels of the judiciary; a few judges do use law clerks, but they are quite rare. For example, the Supreme Court of California has over 85 staff attorneys, of whom about half are attached to particular justices and the rest are shared as a central staff. The California system has been heavily criticized for denying young attorneys the chance to gain experience, and low turnover has resulted in a lack of ethnic and gender diversity among the staff attorneys.[60] But most California judges prefer staff attorneys because it avoids the problem of having to bring new law clerks up to speed on pending complex cases, particularly those involving the death penalty.[60]
Ver también
- List of law clerks of the Supreme Court of the United States
Referencias
- ^ Peppers, Todd C.; Zorn, Christopher (14 Jun 2007). "Law Clerk Influence on Supreme Court Decision Making". doi:10.2139/ssrn.925705. Cite journal requires
|journal=
(help) - ^ Swanson, Rick A.; Wasby, Stephen L. (2008). "GOOD STEWARDS: LAW CLERK INFLUENCE IN STATE HIGH COURTS". The Justice System Journal. 29 (1).
- ^ https://www.usnews.com/education/blogs/college-rankings-blog/2009/09/03/new-law-school-ranking-judicial-clerkship-jobs
- ^ "Clerk Programme". January 2001. Retrieved 2018-02-03.
- ^ "Home". fca-caf.gc.ca.
- ^ "Ontario Courts - Tribunaux de l'Ontario". www.ontariocourts.ca.
- ^ "Saskatchewan Law Courts - Clerkship Positions". sasklawcourts.ca.
- ^ https://www.courtsnb-coursnb.ca/content/cour/en/appeal/content/articling-program.html
- ^ http://www.tribunaux.qc.ca/c-appel/English/Clerkship/clerkship.html
- ^ http://cas-ncr-nter03.cas-satj.gc.ca/portal/page/portal/tcc-cci_Eng/About/Law_Clerk
- ^ Holvast, Nina (March 2016). The Power Of The Judicial Assistant/Law Clerk: Looking Behind The Scenes At Courts In The United States, England And Wales, And The Netherlands. International Journal for Court Administration. 7(2) (“The first Judicial Assistants were appointed to the Civil Division of the Court of Appeal in 1997.”) ISSN 2156-7964. DOI
- ^ Judicial assistants in the Court of Appeal Civil Division (September 6, 2016). HMS Courts and Tribunals Service Web site.
- ^ Careers, Supreme Court of the United Kingdom web site (2016) (“Judicial Assistants to the Justices. Annual fixed term appointments: September to July”.)
- ^ McIntyre, Colin, Joseph Farmer, Michael Deacon (February 16, 2015) Supreme Courts: the US and UK compared. The Journal of the Law Society of Scotland Online (“In the UK Supreme Court, judicial assistants perform a number of functions similar to those undertaken by US Supreme Court law clerks: drafting memos on applications for permission to appeal, reading parties’ submissions, attending hearings and discussing the cases with the justices.”)
- ^ James Kanter, "Obscure EU court may be ally for business", International Herald Tribune
- ^ Décret n°96-513 du 7 juin 1996 relatif aux assistants de justice ( In French)
- ^ "Arrêté du 27 février 2003 pris en application de l'article R. 227-10 du code de justice administrative fixant le montant de l'indemnité de vacation horaire allouée aux assistants de justice recrutés au sein du Conseil d'Etat, des cours administratives d'appel et des tribunaux administratifs | Legifrance".
- ^ see for example Section 39 (5) of the law on the formation of jurists of the state of North Rhine-Westphalia 'in German), stating "The objective of the formation and not the utilization of the workforce determines the extent and nature of the assignments to the trainees."
- ^ "Supreme Court Increases Law Clerks' Stipend to Rs. 30,000/Month". Lawctopus. 2014-10-29.
- ^ Kian Ganz. "Legally India - Legally India". legallyindia.com.
- ^ "Reflexiones en torno al cuerpo de Secretarios de Estudio y Cuenta de la Suprema Corte, María Amparo Hernández Chong Cuy" (PDF). Retrieved July 25, 2013.
- ^ "The Role of a Judge's Clerk at the Supreme Court of New Zealand: A 'Worm's-Eye View', Max Harris" (PDF). Retrieved January 18, 2015.
- ^ "Research centre for judges inaugurated". The Nation. 28 January 2012. Archived from the original on 29 January 2012. Retrieved 14 December 2012.
- ^ "European e-Justice Portal - Legal professions and justice networks". e-justice.europa.eu.
- ^ Ustawa z dnia 27 lipca 2001 r. - Prawo o ustroju sądów powszechnych (Dz.U. 2001 vol. 98, item 1070) Archived 2017-02-16 at the Wayback Machine in Polish
- ^ "An outdated English translation of the statute" (PDF).
- ^ See Article 27a of Ustawa z dnia 25 lipca 2002 r. - Prawo o ustroju sądów administracyjnych [the Law on the System of Administrative Courts of 25 Jul., 2002 (Dz.U. 2002 vol. 153, item 1269) (in Polish)
- ^ a b "Asystenci sędziów".
- ^ "European e-Justice Portal - Legal professions and justice networks". e-justice.europa.eu.
- ^ "National School of Judiciary and Public Prosecution | Krajowa Szkoła Sądownictwa i Prokuratury".
- ^ "Asystenci Sedziów". Asystenci Sedziów. Archived from the original on 2015-06-24. Retrieved 2017-02-15.
- ^ Bojańczyk, Antoni. "Asystentura w Trybunale Konstytucyjnym – prestiżowy epizod prawniczy". rp.pl. Retrieved 19 February 2017.
- ^ Łukaszewicz, Agata. "Sędzia nie jest od bicia rekordów". rp.pl. Retrieved 19 February 2017.
- ^ Kryszkiewicz, Małgorzata. "Reforma sądownictwa: Asystenci sędziów odejdą z sądów". prawo.gazetaprawna.pl. Retrieved 19 February 2017.
- ^ [1] Archived 2017-02-16 at the Wayback Machine in Polish
- ^ Rozporządzenie Prezydenta Rzeczypospolitej Polskiej z dnia 22 marca 2011 r. w sprawie stanowisk i wymaganych kwalifikacji urzędników sądowych i innych pracowników oraz szczegółowych zasad wynagradzania referendarzy sądowych, starszych referendarzy sądowych, asystentów sędziów, starszych asystentów sędziów, urzędników oraz innych pracowników wojewódzkich sądów administracyjnych (Dz.U. 2011 nr 72 poz. 384) (in Polish)
- ^ Wee, Serene (2006). "Inter Alia". Inter Se. p. 01.
- ^ "Fresh Graduates/JLC Programme". www.lsc.gov.sg. Retrieved 16 March 2018.
- ^ Mauro, Tony (February 5, 2010). "Justice Thomas, on the Road Again". The National Law Journal. ALM Media. Archived from the original on March 23, 2010.
- ^ Wayne L. Anderson and Marilyn J. Headrick, The Legal Profession: Is it for you? (Cincinnati: Thomson Executive Press, 1996), 110.
- ^ Lewis, Neil A. (June 15, 1993). "The Supreme Court: Woman in the News; Rejected as a Clerk, Chosen as a Justice: Ruth Joan Bader Ginsburg". The New York Times. ISSN 0362-4331. Retrieved September 17, 2016.
- ^ Greenhouse, Linda (August 30, 2006). "Women Suddenly Scarce Among Justices' Clerks". The New York Times (registration required). Retrieved June 27, 2010.
- ^ Lat, David. "Supreme Court Clerk Hiring Watch: Ranking The Non-Traditional Feeder Judges".
- ^ "Appeals court judge a rising star among conservatives". CNN. August 22, 2001. Retrieved May 5, 2010.
- ^ "Clerks Highlight Supreme Court’s Polarization" article by Adam Liptak in The New York Times September 6, 2010, accessed September 7, 2010
- ^ Baynes, Terry (14 Jun 2012). "Insight: The secret keepers: meet the U.S. Supreme Court clerks". Reuters.com.
- ^ Kendall, Brent (18 Sep 2012). "High-Court Clerks Attract a Frenzy". Wall Street Journal. Retrieved 12 Jun 2014.
- ^ "National Federal Judges Law Clerk Hiring Plan" Website
- ^ Strauss, Debra M. "Top Ten Tips To The Judicial Clerkship Interview".
- ^ Amir Efrati, Wall Street Journal Blog, Judges Behaving Badly: The Clerkship Edition, blog
- ^ Catherine Rampell, The New York Times, Judges Compete for Law Clerks on a Lawless Terrain, The New York Times
- ^ JD Underground, Attorney Advisor Positions with Fed Govt
- ^ Rudesill, Dakota S. (2008-11-05). "Keepers of the U.S. Code: The Case for a Congressional Clerkship Program". Slip Opinions, the online supplement to Washington University Law Review. Archived from the original on 2009-02-26. Retrieved 2009-02-22.
- ^ "www.lawclerkships.com". Retrieved May 12, 2012.
- ^ "www.lawclerkships.com". Retrieved May 11, 2012.
- ^ "www.nalp.org/courtingclerkships". Retrieved December 1, 2012.
- ^ Peppers, Todd C. (2006). Courtiers of the Marble Palace: The Rise and Influence of the Supreme Court Law Clerk. Stanford University Press. p. 1. ISBN 0-8047-5382-2.
- ^ Gur-Arie, Mira (November 22–26, 2004). "Legal and Court Staff in the United States Judiciary: Seminar on the Management of the Assistant Personnel to Judges (Changzhou, Jiangsu Province, China)" (PDF). Washington, D.C.: Federal Judicial Center. Retrieved December 31, 2018.
- ^ James Chace, Acheson: The Secretary of State Who Created the American World (New York: Simon & Schuster, 2007 [1998]), p. 44.
- ^ a b c Itir Yakar, "Unseen Staff Attorneys Anchor State's Top Court: Institution's System of Permanent Employees Means Workers Can Outlast the Justices," San Francisco Daily Journal, 30 May 2006, 1.
Otras lecturas
- Cohen, Jonathan Matthew (2002). Inside Appellate Courts: The Impact of Court Organization on Judicial Decision Making in the United States Courts of Appeals. Ann Arbor, MI: University of Michigan Press. ISBN 978-0-472-11256-2.
- Kenney, Sally J. (2000). "Beyond Principals and Agents: Seeing Courts as Organizations by Comparing Referendaires at the European Court of Justice and Law Clerks at the U.S. Supreme Court". Comparative Political Studies. 33 (5): 593–625. doi:10.1177/0010414000033005002. S2CID 154787000.
- Strauss, Debra M. (2017). Behind the Bench: The Guide to Judicial Clerkships, Second Edition. St. Paul, MN: West Academic Publishing. ISBN 9781628103823.
- Ward, Artemus; Weiden, David L. (2006). Sorcerers' Apprentices: 100 Years of Law Clerks at the United States Supreme Court. New York: NYU Press. ISBN 978-0-8147-9404-3.
enlaces externos
- Federal Judicial Center page on Law Clerks
- Searchable site for US federal law clerk vacancies
- Openings for Law Clerks with the Los Angeles Superior Court
- Description of available clerkships in Canada